Scribd Logo
Upload

Welcome to Scribd!

  • MCDR111

    Uploaded by

    prasashiv
    6 views121 pages

    Copyright

    © © All Rights Reserved

    Available Formats

    PDF or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    Download as pdf
    6 views121 pages

    MCDR111

    Uploaded by

    prasashiv

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    Download as pdf
    of 121
    ' anoon rssmnn | (sone) cnt Search Waring on Translation || Get this document in PDF| Print it ona fle/printer Pomeroy oi anata {cites 0, cited by 0} Take notes as you ead a judgment using our Virtual Legal Assistant and get emul alert whenever anew judgment matches your cquvatnt qualesion query (Query Alert Service. Tryout our Premium Member services Eze for ne math ediatonin mining plan Union of India - Act valent ing nd ‘The Mineral Conservation And Development Rules, 1988 ‘ar polton UNION OF INDIA Yadia apandonment of mines The Mineral Conservation And Development Rules, 1988 eiorment DINING LEASE Rule THE-MINERAL-CONSERVATION-AND-DEVELOPMENT-RULES-1988 of 1988, toms sng nous Published on 24 October 1988, ‘Commenced on 24 October 1988 Irian bureas of ines [This is the version of thi document fom 24 October 1988 mines and miperarepuaon¢ Note: Ths orginal publication document snot eoalable and this conten could not be verified.) ba boos ‘The Mineral Conservation And Development Rules, 1988 xoeincncarttate Published vide Notification GSR, 1028(E), dated 24.10.1988, (emeport ar cata ope 1 1709 GSR. 1023(G), dated 2éth October, 1988. - In exercise ofthe powers conferred by section 18 of the [Mines and Minerals (Regulation and Development) Act, 1957 (62 of 1957) [ Nomenclature amended by Section 3 of the Mines and’ Minerals (Regulation ond Development) Amendment Act, 1995 (38 of 199), now it stands asthe Mines and Minerals (Development and Regulation) Act, 1957 (67 of 1959)1, the Central Government hereby makes the following rules for conservation and Development of Minerals, namely:- Chapter 1 Preliminary 1L Short title and commencement. (1) These rules may be called The Mineral Conservation and Development Rules, 1988 |) They shall come into force from the dae oftheir publication in Official Gazette 2. Application. These rules shall apply to all minerals except- (@_ petroleum and natural gas; i) [coal lignite and sand for stowing] [Substituted by G-S.R.227(0), dated 2241991 (wef 2241991) Gl) any mineral declared as preseribed substances forthe purpose ofthe Atomie Energy Act, 1962 (33 of 1962); and G2) minor minerals, 4, Definitions. @ fal a o = am) a ia) In these rules, unless the context otherwise requires,- [ ‘abandonment of mine" means final closure of a mine either whole or patt thereof when the mineral deposits Within mine or pat thereof, have been fully extracted of when the mining operations have become uneconomic! [ Inserted by G.S.R. 33(E), dated 104.2003 (wef. 1042003),] (aa) {] {Clause (a) renumbered as Cause (an) by GS. 330(8), dated 10442003 (aref 10-4.2003),) “Act” means the [Mines and Minerals Regulation and Development) Act 1957 (62 of 1957] { Nomenclature amended by Section 3 of the Mines amd Minerals Regulation end Development) Amendinent Act, 1999 (38 of 1999), now i stands a the ‘Mines and Minerals (Development and Regulation) Act, 7957 (621952); agent’, when used in relation to a mine, means any person whether appointed as such or not, who acts as the representative ofthe owner in respect ofthe management ofthe mine or any part thereof; [authorised officer" means any officer ofthe Indian Bureau of Mines duly authorised in writing by the Controller ‘General, Indian Bureau of Mines or an officer authorised in this behalf by the State Government to perform the functions under these rules] [Substituted by Notification No, CS.8.407(F), dated 205.2015 (w.ef ] *beneficiation’ means processing of minerals or ores forthe purpose of (regulating the size ofa desired produce; (removing unwanted constituents; and (Gi) improving quality, purity or assay grade of desired product; “boring” or "drilling" means the penetration of alluvial material, rocks or formations by holes for obtaining geological information, and for drawing samples therefrom; "Chief Controller of Mines" means the Chief Controller of Mines of the Indian Butea of Mines: "Controller General" means the Control + General of the Indian Bueeat of Mines: "Controller of Mines! means the Controller of Mines ofthe Indian Bureau of Mines; “development” means the driving of an opening to, or in an ore-body or seam or removing overburden or unproductive or waste materials as preparatory to mining or stopping; “environment” and “environmental pollution’ Environment (Protection) Act, 1986 (29 of 196); hall have the same meanings, assigned respectively to these terms in G__[ final mine closure plan’ means a plan for the purpose of decommissioning, reclamation and rehabifitation in the mine or part thereof alter cessation of mining and mineral processing operations that has been prepared in the manner specified inthe standard format and guidelines issued by the Indian Bureau of Mines; nserted by GSR. 330(6), dated 104.2008 (2 104.2008).) Gi) “financial assurance’ means the sureties furnished by the leaseholder to the competent authority s0 as to indemnify the authorities against the reclamation and rehabilitation cost] "Form! means a Form set forth in Schedule to these rules; “geologist” means a person appointed in wiring by the owner or agent to perform the duties of a geologist under these rules; manager" when used in relation to a mine, means any person appointed by the owner or agent and includes the ‘owner oF the agent if he appoints himself to be such manager, unde section 17 of the Mines Act, 1952 (35 of 1952); (onm) [ine closure’ means steps taken for reclamation, rehabilitation measures taken in respect of a mine or part thereof commencing from cessation of mining or processing operations in a mine or part thereof] [Inserted by GSR, 330(F), dated 104.2008 (ef, 104.2003),) ‘mining engineer’ means a person appointed in writing by the owner or agent to perform the duties of a mining ‘engineer under these rules; “mining plan’ means a mining plan prepared under section 5 of the Act and the rules made thereunder; (0) [ "progressive mine closure plan’ means a progressive plan, for the purpose of providing protective, reclamation and rehabilitation measures in a mine or part thereof that has been prepared in the manner specified in the standard format and guidelines issued by Indian Bureau of Mines] [Inserted Fy C.S.R. 330(E), dated 104.2003 we 104.2003)) “prospect” means an area where prospecting operations for minerals are being carried out and includes any area ‘hold under prospecting license; “recognised person" means a person granted recognition by the competent authority to prepare mining plan: (@)’Regional Controller* means the Regional Controller of Mines ofthe Indian Bureau of Mines; (2) ‘shaft? means a vertical or inclined way or opening leading from the surface to workings below ground ot from one part ofthe workings below ground to another, and includes an inline: "topping" means making any underground excavation other than development working made for the purpose of winning ores or minerals and includes extraction or splitting or reduction of pillars or blocks of minerals; (8) [temporary discontinuance’ means the planned or unplanned sospension of mining operations in 2 mine or part thereof and where te operations are likely to be resumed after certain time: {Inserted by GSR. 330(E), sated 104.2003 (wef 104.2003)) (2) ‘year’ means the twelve months period beginning from the first day of April and enaling on the thinty-frst day of March ofthe following year: (©) all other words and expressions used in these rules but not defined shall have the meanings respectively assigned to them in the Act [Chapter FA] [Inserted by G SR. $5(E), dated 171.2000 J Reconnaissance Operations 3 A. Scheme of reconnaissance. «Every holder of a reconnaissance permit shall submit to the Controller General and the Regional Controller or the authorised officer within a period of sity days from the date of execution of the reconnaissance permit, a scheme of ‘reconnaissance operations indicating the manner in which he proposes to carry out reconnaissance operations in the area ‘covered by the permit and in particular- (@) particulars ofthe area such as aerial extent, boundaries; (©) thescale ofthe plan and the area of geological mapping: and. (© the particulars ofthe machines and instruments tobe used. 3 -B. Modification of scheme of reconnaissance. (2) A reconnaissance scheme prepared and submitted under rule 3-A may be modified at any time on geological ‘considerations by the holder of a reconnaissance permit during continuance ofthe reconnaissance permit, @) Any modification carried out under sub-rule (1) shall be intimated to the Controller General and the Regional Controller or the authorised officer by the holder of reconnaissance permit within a period of iteen days, 3. {C. Reconnaissance operations to be carted out in accordance with the scheme of reconnaissance «very holder ofthe reconnaissance permit shall carry ou the reconnaissance operations in accordance with the scheme of reconnaissance submitted under rule 3-A or with such modification, if any, as intimated under rule 3B, or as directed by the Controller General or Regional Controller or the authorised fier a -D. Intimation about reconnaissance operations Every holder of a reconnaissance permit shall send to the Controller General, Conteller of Mines and the Regional Controller, an intimation in Form AA of the commencement of reconnaissance operations so as to reach them within a period of teen days of such commencement 3. -E, Submission of reports about reconnaissance operations = Every holder of a reconnaissance permit shall send to the Controller General, Controller of Mines and the Regional Controller any yearly report in Form BB alongwith all the aerial photo geological, eophysical, geochemical and such other data collected by him as per the conditions stipulated in the reconnaissance permit so as to reach them within thinty days after expiry of every year from the date of execution of the reconnaissance permit or the expiry of the reconnaissance permit or the abandonment ofthe reconnaissance permit or termination of reconnaissance permit, whichever is ealicr Chapter IL Prospecting Operations 4, Scheme of prospecting. (2) Every holder of a prospecting license shall submit to [the Controller General and the Regional Controller or the authorised officer] [ Substituted by CSR. 227(E), dated 224.1991 (wef 224.1991), within a period of 60 days from the date of execution ofthe prospecting license a scheme of prospecting indicating the manner in which he proposes to ‘camry out the prospecting operations, in the area covered by the license and in particular- a) particulars of the area; 03) the scale of the plan and the area of geotogieal mapping: {@) the numberof pits trenches, and bore holes which he proposes to putin the area: (a) the particulars ofthe machines to be used; {2} the details of exploratory mining [if any, proposed] {Inserted ty GS.R. 55(E, dated 171.2000 (we 18.1.2000),) tobeundertaken; (0, the mumber of samples proposed to be drawn and analysed: (a) the Boneficiation studies proposed tobe undertaker and (03) any other matter relevant for the preparation of a scheme of prospecting, as directed by the Controller ‘General or the authorised officer from time to time by a general or specific order [) Notwithstanding anything contained in sub-rule (1) a scheme of prospecting shall include= {a} baseline information of prevailing environmental conditions before the beginning of the prospecting operations; {2} [steps proposed to be taken for protection of environment which will include] {Substituted by GS.R. 55(), dated 17.41.2000 (wef 18.1.2000)] prevention and control of air and water pollution, progressive reclamation. and rehabilitation ofthe land disturbed by the prospecting operations, a scheme for the plantation of trees, land such other measures, as may be directed from time to sime by the Contrller General or the authorised office for minimising the adverse effect of prospecting operations onthe environment. |G) The prospecting scheme under sub-rule (1) shall be prepared by a recognised person o a geologist or a mining, cengincer employed under clause (a) of sub-rule (1) of rule 42. 5. Modification of scheme of prospecting. (1) A prospecting scheme prepared and submitted under rule 4 may be modified at any time on geological ‘considerations by the holder of a prospecting license during continuance of the prospecting license. @) Any modification carried out under sub-rule (2) shall be intimated to [the Controller General and the Regional Controller or the authorised office] [ Substituted by GSR. 227(6), dated 224.1991 (ef 22.4.1991).] by the holder of prospecting license within a period of iteen days 6, Prospecting operation to be carried out in accordance with scheme of prospecting. Every holder of a prospecting license shall carry out the prospecting operations in accordance with the scheme of prospecting submited under rule 4 or with suck modifications, i any, as intimated under rule 5 or as directed by the Controller General or the authorised officer. ‘ Intimation about prospecting operations = Every holder of a prospecting license shall send to the Controller General, Contrller of Mines and the Regional Controller, an intimation in Fern A ofthe commencement of prospecting operations so as to reach ther within. a period of fiteen days of such commencement 8. Report of prospecting operations. 1) Every holder of @ prospecting cense shall submit to the Controller General, Controller of Mines and the Regional Controller [F*°) (Clause (a) omitted by GSR. 580(E), dated 48.1995.) (8) an yearly report in [Form B] {Substituted by GSR. 580(0), dated 48.1985, so as to reach them within thirty days after the expiry of [twelve months) [ Substituted by GSR. 22(E), dated 111.2002 (wef 1.12002), from. the date of execution ofthe prospecting license othe expiry ofthe prospecting license whichever is earlier: Provided that incase the prospecting operations are abandoned, the report in [Form B] {Substituted by G.5.R.580(8), ‘ated 48.1995 ]shall be submited within a period of thirty days from the date of such abandonment: Provided further that in case the prospecting operations are continued fora period exceeding one year, the report in [Form Bl {Substituted by GS.R.580(8), dated 43.1995, shall be submitted once every year and a final report in [Form B] | Substituted by GSR. 580(8), dated 4.81995.) within a period of three months after the completion of the prospecting operations or the expiry ofthe prospecting license, whichever i earlier |) Where prospecting operations are carried out by the authorities specified in the second proviso to sub-section (I) of section 4 of the Act without a prospecting license, such authority shall submit the annual report in [Form B) [ Substituted by GSR. S80(E}, dated 48.1995, to the Controller General in respect of each area where prospecting ‘operations have been undertaken by them: Provided that this sub-rule shall not apply in a case where field operation consists of only geological mapping or .geo-physcal or geo-chemical investigations. Chapter IIT Mining Operations 9, Mining plan, a 2 'No person shall commence mining operations in any area except in accordance with a mining plan approved under (©) The person permitted to be employed in lieu of mining engineer shall be bound by these rules inthe same way as the mining engineer"> (@) The person permitted to be employed in lew of mining engineer shall be bound by these rules inthe same way as the mining engineer (@) The person permitted to be employed in lieu of mining engineer shall be bound by these rules inthe same way as the mining engineer. ‘Where, due to reduction in average employment inthe mine, a category "A’ mine qualifies to become a category "B° rine, the employment of a mining engineer as required for category "B" mine may be done only with previous permission in writing ofthe Controller General or the authorised officer and subject to such conditions as he may specify » 48, Duties of geologist. (1) shall be the duty of the geologist to conduct prospecting operations in accordance with the provisions of these rules. @ Heshall- a) prepare the necessary geological plans and sections which are required to delineate the ore body; 8) calculate ore reserves and its grade; {0} be responsible for providing all the necessary information required for controlling the quality of the minerals produced; (@) maintain proper records of the prospecting operations and records of sinking of shafts and boreholes as provided under these rules; |G) work out the appropriate method of sampling and ensure preparation of samples accordingly: (8, maintain an assay plan in cases of underground workings {maintain al technical data for determining the shape and size ofeach stope block; 1) update the reserve figures, grade-wise and category-wise a the end of every year in case ofa working mine; (@) identify the associated rocks and minerals and maintain proper records of the stacks of nom-salable/sub- rade ores and minerals produced; 9) carry out all such orders and directions as may be given in writing under these rules by the Controller ‘General or the authorised efticer [and shall forward a copy of all such orders or directions to the holder of the prospecting license or, as the case may be, the mining lease} [ Added by GSR. 227(6), dated 22.4.1991 (wef 224.1991). 44, Duties of mining engineer. (2) tshall be the duty ofthe mining engineer to take all necessary steps to plan and the conduct mining operations, so 25 to ensure conservation of minerals, systematic development of the mineral deposits and protection of environment in and around the mining lease area in accordance with these rules, (2) He shall be responsible for the preparation and maintenance of the plans, sections, reports and schemes in accordance with these rules mand He shall be responsible for carrying out the study of the associated rocks and minerals, identifying th stacking the various minerals produced separately. (4) He shall carry out all such orders and dircctions as may be given in writing under these rules by the Controller ‘General or the authorised officer [aid shall forward a copy of such orders or directions to the holder of prospecting, license or, asthe case may be, the mining lease] [Added by G.S.R. 227(6), dated 224.1991 wef 224.1991)) 0 (5) Wherever the mining engineer is appointed to supervise the prospecting operations under rule 42, he shal ‘carry out the daties ofthe geologist {8 {a) The mining engineer shall ensure that there is sufficient provision of proper materials, appliances and facilities at all times at the mine for the purpose of carrying out the provisions of these rules and orders issued thereunder and where he isnot the oviner or agent ofthe mine, he shall make requisition in writing to the owner or agent for anything required forthe aforesaid purpose. A copy of every such requisition shall be recorded in a bound paged book kept fr the purpose. (8) Onreceipt ofa requisition under clause (a), the owner or agent shall provide as soon as possible the materials and facilites requisitioned by the mining engineer. Chapter VIL Notices And Returns 145. Monthly and annual returns - (1) The owner, agent, mining engineer or manager of every mine, or any person or ‘company engaged in trading or storage or end-use or export of minerals mined in the country; shall cause himself to be ‘registered with the Indian Bureat of Mines as per application specified in Form M and the registration number SO allotted by the Indian Bureau of Mines shall be used fr all purposes of reporting and coreespondence connected therewith, @) For the purpose of registration under sub-rule (), the owner, agent, mining engineer or manager of every mine, or any person or company engaged in trading or storage or end-use or export of minerals, shall apply [for registration, in electron form, within one month from the date of registration of lease deed or before the commencement of trading operation or storage or end-use or export mineral, asthe ease may be} [Substitaed by Notifeation No, G.SR, 75 (dated 92.2011 ref 24.10.1988)) @) [The Indian Bureaw of Mines shall allot and record the registration umber in the register referred to in sub-rule (4) [Substituted by Notification No, GS.R, A30(F), dated 19.4.2016 (ef 24.10.1988), (@) The Indian Bureau of Mines shall maintain a register giving details of the owner, agent, mining engineer or manager of every mine, or any person Or company engaged in trading or storage or end-use or export of minerals, as the case may be, as registered under the provisions of these rules, which shall be made available to the general public for inspection on demand, and also posted on the website ofthe Indian Bureau of Mines. (©) The owner, agent, mining engincer or manager of every mine, shal submit [online] [bnserted by Notification No. GSR, 430(0), dated 1942016 (wef 24.10.1988), to the Regional Controller of Mines inthe Indian Bureau of Mines or any other authorized oficial of the Indian Bureau of Mines, returns in respect of each mine, in the following manner, namely:- (@) [a daily roturn which shall be submitted through the Mobile application of the Indian Bureau of Mines, latest by 1800 hours of the following day; [Substituted by Notifcation No. G-S.R. 430(E), dated 194.2018 (wef. 24,10.1988),) (aa) monthly retum which shall be submitted before the 10th day of every month in respect of the [preceding month in electronic form, along with a print copy of the same if itis not digitally signed, in the respective Form as indicated below: (forall minerals except copper, gold, lead, pyrite, tn, tungsten, zing precious and semi-precious stones, in Form Fl; (6) forcopper, gold, lead, pyrite, tn, tungsten, zinc, in Form F.2; and (G3) _ for precious and semi-precious stones, in Form F; (@) an annwal return which shall be submitted before the Ist day of July each year forthe preceding financial ‘year in electronic form, along, with a print copy of the same if iis not digitally signed, inthe respective Form as indicated below: © 8 (forall minerals except copper, gol in Form 14; lead, pyrite tin, eungsten, zinc precious and semi-precious stones, ()forcopper, gold, lead, pyrite tin, tungsten, zine, in Form #2; and (i) for precious and semi-precious stones, in Form #3: Provided that in ease of abandonment ofa mine the annual return shall be submitted within one hundred and five day's from the date of abandonment] Any person oF company’ engaged in trading or storage or end-use or export of minerals, shall submit [online] Uinsered by Notification No. GSR. 430(E), dated 194.2016 (wef 24.10.1988) to the Indian Bureau of Mines and ‘concerned State Government, where the said person or company is sourcing the minerals, the returns [in eletronic form, along witha print copy of the same if iis not digitally signed, [nserted by Notification No. GS.R. 430(8), dated 184.2016 (wef. 24.20.1988),| in the following manner, namely: @) a monthly return which shall be submitted before the 10th of every month in respect of preceding month in Form N; (@) an annual return which shall be submitted before the Ist July each year forthe preceding financial year inthe Form 0, If it is found that the owner, agent, mining engincer or manager of mine or the person or company engaged in trading or storage or end-use or export of minerals as the case may be, has submitted incomplete or wrong oF false information in [daly or monthly] (Substituted by Notification No. G.S.R. 430(), dated 1842016 (we f 24.10.1988) } or annval returns or fils to submit a return within the date specified, = (inthe ease of mining of minerals by the owner, agent, mining engineer or manager of mine, then the Regional Controller of Mines may,- (@) order suspension of all mining operations in the mine and may revoke the order of suspension only after ‘ensuring proper compliance; (©) take action to initiate prosceution under these rues; (@ recommend termination of the mining lease, in case such suppression or mistepresentation of information indicates abetment or connivance of ilegal mining: i) in the case of trading or storage oF end-use [** *] [Onsted ‘or export’ by Nobfcaion No. GS. 430(F), dated 194.2016 (wef. 24.10.1988)} of minerals, the State Government, where the person or company engaged in trading oF storage or end-use [** *] [Omited ‘or export by Notification No, GSR, 430(E), dated 19.4.2016 (wef 24.10.1988), of minerals is sourcing the minerals, shall order suspension of, - (@) trading License (by whatever name itis called); (@) all transportation permits issued to such person or company for mineral transportation (by whatever name it iscalled); (6) storage License for stocking minerals (by whatever name itis called) (2) permits for end-use industry [* * *] [Omitted ‘or carrying out export by Notation No. CSR. 430(E), dated 19.4.2016 (wef 24.10.1988) ] of minerals (by whatever name its called), 2s the case may be, of such person or company engaged in trading or storage or end-use or ‘export of minerals, and may revoke the order of suspension only after ensuring proper compliance. (i) _ [in the case of export of minerals the Directorate General of Foreign Trade shall order suspension of permits for carrying out such exports of minerals of such person of company engaged in export of minerals, and may revoke the order of suspension only after ensuring proper compliance] [Inserted by Notification No. G5. 30(E), dated 194.2016 (eef 24.10.1988)) [in case of mining of minerals by the owner, agent, mining engineer or manager of mire the ~ (@) sale value is the gross amount payable by the purchaser as indicated in the sale invoice, where the sale transaction ison an arms! Tength basis and the price is the sole consideration forthe sale, excluding taxes, if any. Explanation. - For the purpose of computing sale value, no deduction from the geoss amount shall be made in respect of royalty, payments to the District Mineral Foundation and payments to the National Mineral Exploration Trust; (©) ex Mine price of mineral grade or concentrate shall be, ° ao) a a) a) () where export has occurred, the total of, sale value on free-on-board (F.0:B) bass, less the actual ‘expenditure incurred beyond the mining lease area towards - (0) transportation charges by road: (0) toading and unloading charges; (68) railway fright i applicable) (0) _porthandling charges or export duty: (0) charges for sampling and analysis; (vi) tent forthe plot at the stocking yard; (vi) handling charges in port (0) charges for stevedoring and trimmings (oii) any other incidental charges incurred outside the mining lease area as notified by the Indian Bureau of Mines from time-to-time, ai ided by the total quantity exported (8) where domestic sale has occurred, the total of sale value of the mineral fess the actual expenditure incurred towards transportation, loading, unloading, rent fo the plot at the stocking yard, charges for sampling and analysis and any other charges beyond mining lease area as notified by the Indian Bureau of Mines from time-to-time, dive by the total quantity sold; (1) where sale has occurred, between related partios and is not on arms' length basis, then such sale shall not be recognised as a sale for the purposes of this rule and in such case, sub

    You might also like